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DAVIS ELLIOTT INTERN., INC. v. PAN AM. CONTAINER

Civ. A. No. 82-1341.

546 F.Supp. 1068 (1982)

DAVIS ELLIOTT INTERNATIONAL, INC. v. PAN AMERICAN CONTAINER CORP.

United States District Court, E. D. Pennsylvania.

August 13, 1982.

Attorney(s) appearing for the Case

Daniel B. Pierson, Philadelphia, Pa., for plaintiff.

James W. Johnson, Philadelphia, Pa., for defendant.

MEMORANDUM OPINION

WEINER, District Judge.

Presently before the court are a claim by plaintiff for damages based on breach of contract and violation of Carriage of Goods by Sea Act (COGSA) 46 U.S.C. § 1300 et seq., and a denial of liability by defendant based on the statute of limitation provision of COGSA which bars this action. The central issue is whether plaintiff's claims are governed by common law or by COGSA. The parties agree that they...

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